Party walls
Do you need a party wall agreement?
Short answer
You need to give your neighbour written notice, in advance, if your work falls under one of three sections of the Party Wall etc. Act 1996: building a new wall on the boundary (section 1), work to an existing party wall or party structure (section 2), or excavating within 3 or 6 metres of their building where the dig meets the depth tests in section 6.
The Act never uses the words "party wall agreement". When people say it, they mean one of two documents: your neighbour's written consent to your notice, or a party wall award made by surveyors under section 10 when there is a dispute. If your neighbour consents in writing, no surveyor and no award are needed.
The three triggers
A new wall on the boundary. Section 1 applies where the land at the boundary, which the Act calls the line of junction, is not built on, or carries only a boundary wall that is neither a party fence wall nor the external wall of a building, and you are about to build on that line.
Work to an existing party wall. Section 2 lists the rights a building owner has over a party structure, a party fence wall or an external wall built against one. The list includes underpinning, thickening or raising it (section 2(2)(a)), cutting into it "for any purpose" (section 2(2)(f)) and cutting away a projecting chimney breast (section 2(2)(g)). Before using any of them you must serve a party structure notice.
Before exercising any right conferred on him by section 2 a building owner shall serve on any adjoining owner a notice (in this Act referred to as a "party structure notice") stating (a) the name and address of the building owner; (b) the nature and particulars of the proposed work ... and (c) the date on which the proposed work will begin.
Digging near a neighbour's building. Section 6 applies to excavation within 3 metres of their building that goes lower than the bottom of their foundations, or within 6 metres where it meets a plane drawn down at 45 degrees from the bottom of their foundations at the face of their wall. The two tests are drawn out in the 3 metre and 6 metre rules.
A party wall is defined in section 20. It is a wall that forms part of a building and stands on the land of different owners by more than the projection of its footings, or the part of a wall on one owner's land that separates buildings belonging to different owners. A masonry garden wall standing astride the boundary is a party fence wall. The government's explanatory booklet is clear that wooden fences and hedges are not.
Agreement, consent or award
| What people call it | What the Act provides | Where |
|---|---|---|
| The neighbour "signs the party wall agreement" | A notice from the neighbour indicating consent, served within 14 days | Sections 1(3) and (4), 5 and 6(7) |
| The surveyor's "party wall agreement" | An award settling the matters in dispute | Section 10(10) and (12) |
| Schedule of condition | Not required by the Act; a record of the neighbour's property before work starts, often included in an award | Explanatory booklet, paragraph 14 and appendix 1 |
Consent does not end your obligations. You must still avoid unnecessary inconvenience and compensate your neighbours for loss or damage caused by the work (section 7(1) and (2)). If a difference arises later, over damage for example, the dispute procedure can still start.
Project by project
| Project | Sections usually involved | Minimum notice |
|---|---|---|
| Rear extension with a new wall on the boundary | Section 1 for the new wall. Section 6 as well if the foundations go lower than the bottom of the neighbour's within 3 metres, or meet the 45 degree plane within 6 metres. Section 2 if you cut into or raise an existing party wall | One month for sections 1 and 6; two months for section 2 |
| Loft conversion with steel beams bearing on the party wall | Section 2(2)(f), cutting into a party structure; section 2(2)(a) if the party wall is raised | Two months |
| Removing a chimney breast from a party wall | Section 2(2)(g) | Two months |
| Basement | Section 6 for the excavation; section 2(2)(a) for underpinning the party wall | One month for section 6; two months for section 2 |
| New masonry garden wall on the boundary | Section 1(2) if built astride the line, which needs the neighbour's consent; section 1(5) if built wholly on your land | One month |
| Raising or rebuilding an existing party fence wall | Section 2(2)(l) | Two months |
| Shelves, recessed sockets, replastering | Usually none; the booklet says these "may all be too minor to require a notice" | None |
The booklet gives the test for the last row: whether the work "might have any possible consequences for the structural strength and support functions of the party wall as a whole". Where a project involves more than one section, serve each notice, or one letter that covers each section's requirements. The periods and what silence means are set out in party wall notice periods.
Who you serve, and how
Under section 20, "owner" includes a person in receipt of, or entitled to receive, the whole or part of the rents or profits of the land; a person in possession of it, other than as a mortgagee, as a tenant from year to year or for a lesser term, or as a tenant at will; and a purchaser of an interest in it under a contract for purchase or an agreement for a lease, other than an agreement for a tenancy from year to year or for a lesser term. A property can have more than one owner, a freeholder and a leaseholder for example, and each must be served. Notices can be handed over in person or posted (section 15(1)), or emailed only where the recipient has said they will accept email and given an address (section 15(1A)).
The Act has no enforcement procedure of its own. The booklet warns that if work starts without proper notice, the neighbour "can seek to stop the work through a court injunction or seek other legal redress".
What this means for you
Work out which sections your drawings trigger before you fix a start date, because the notice periods differ. Talk to your neighbour before serving: a consent returned within 14 days is the cheapest outcome the Act allows. If they do not consent, the route is set out in what happens if your neighbour does not respond, and the costs in party wall surveyor costs.
Parallel does not act as a party wall surveyor. On projects we design, we prepare the drawings that accompany the notices.
Sources
- Party Wall etc. Act 1996, section 1: new building on line of junction legislation.gov.uk
- Party Wall etc. Act 1996, section 2: repair etc. of party wall legislation.gov.uk
- Party Wall etc. Act 1996, section 3: party structure notices legislation.gov.uk
- Party Wall etc. Act 1996, section 6: adjacent excavation and construction legislation.gov.uk
- Party Wall etc. Act 1996, section 7: compensation legislation.gov.uk
- Party Wall etc. Act 1996, section 15: service of notices legislation.gov.uk
- Party Wall etc. Act 1996, section 20: interpretation legislation.gov.uk
- Party Wall etc. Act 1996, section 22: short title, commencement and extent legislation.gov.uk
- The Party Wall etc Act 1996: explanatory booklet gov.uk
- Party walls and building work gov.uk